An independent contractor may be covered by the manual labor exception if he demonstrates "that a substantial part of his work time is spent in manual labor in carrying out the terms of his contract with the principal and the work performed by him is part of the principal's trade business or occupation." Maldonado–Mejia v. Eversound Kitchen & Bath, LLC , 15-0859, p. 6 (La. App. 4 Cir. 4/20/16), 194 So.3d 1136, 1140 (emphasis in original), writ denied , 16-0963 (La. 9/6/16), 205 So.3d 914. "The jurisprudence has uniformly defined ‘manual labor’ as work where the ‘physical’ element predominated over the ‘mental’ element."
Lushute , 354 So.2d at 181–82.Id. at 182 (emphasis added); see alsoMaldonado–Mejia v. Eversound Kitchen & Bath, L.L.C. , 15–859, p. 7 (La. App. 4 Cir. 4/20/16); 194 So.3d 1136, 1140 (citing Lushute , 354 So.2d at 182 ); Guidry , 97–874 at p. 4; 706 So.2d at 150, on reh'g.SeePrejean v. Maint. Enter., Inc. , 08-0364, p. 10 (La. App.
4(B)(4) ; State v. Foy , 439 So. 2d 433, 435 n. 1 (La.1983) ; Bell v. Dep't of Police , 13-1529, pp. 6-7 n. 4 (La. App. 4 Cir. 5/21/14), 141 So. 3d 871, 875 ; Maldonado–Mejia v. Eversound Kitchen & Bath, LLC , 15-0859, p. 5 (La. App. 4 Cir. 4/20/16), 194 So. 3d 1136, 1139. Held unenforceable, in part, on other grounds, in Clark v. Dep't of Police , 12-1274, p. 7 (La. App.
See Uniform Rules, Courts of Appeal, Rule 2-12.4(B)(4) ; State v. Foy, 439 So.2d 433, 435 n. 1 (La.1983) ; Bell v. Dep't of Police , 13-1529, pp. 6-7 n. 4 (La. App. 4 Cir. 5/21/14), 141 So.3d 871, 875 ; Maldonado–Mejia v. Eversound Kitchen & Bath, LLC , 15-0859, p. 5 (La.App. 4 Cir. 4/20/16), 194 So.3d 1136, 1139, writ denied , 16-0963 (La. 9/6/16), 205 So.3d 914 ; State v. Alridge , 17-0231, p. 36 n. 21 (La.App. 4 Cir. 5/23/18), 249 So. 3d 260, 286, writ denied , 18-1046 (La. 1/8/19), 259 So. 3d 1021, and cert. granted, judgment vacated , ––– U.S. ––––, 140 S. Ct. 2710, 206 L. Ed. 2d 848 (2020). The "comparative reasonableness of the hypotheses of innocence and guilt" in State v. Quinn , supra , was markedly different from that in the case sub judice .
Accordingly, we deem the issue abandoned. SeeState v. Gaines , 347 So.2d 1153, 1155 (La. 1977) ; Maldonado–Mejia v. Eversound Kitchen & Bath, LLC , 15-0859 (La. App. 4 Cir. 4/20/16), 194 So.3d 1136, 1139, writ denied , 16-0963 (La. 9/6/16), 205 So.3d 914. ASSIGNMENT OF ERROR NUMBER 5: RECUSAL
ary judgment.Cf. Lushute, 354 So.2d at 183 (repairman's work was not a part of the restaurant's business but was merely incidental thereto, where properly functioning air-conditioning system was not necessary to the operation of the restaurant); Jackson v. St. Paul Insurance Company, 04-0026 (La.App. 1 Cir. 12/17/04), 897 So.2d 684, 688–89, writ denied, 05-0156 (La. 3/24/05), 896 So.2d 1042 (where it would be "virtually impossible" for chemical company to process products without the facility, the construction of a fractionation plant was part of company's business); Prince v. Baton Rouge General Hospital, 449 So.2d 90, 94 (La. App. 1 Cir.), writ denied, 450 So.2d 966 (La. 1984) (providing sitters for patients was not part of nursing home's business); Bellard v. Castille, 99-1161 (La.App. 3 Cir. 12/8/99), 759 So.2d 789, 794, writs denied, 00–0069, 000071 (La. 2/25/00), 755 So.2d 886, 887 (painting owner's private residence was not part of owner's apartment leasing business); Maldonado–Mejia v. Eversound Kitchen & Bath, LLC, 15-0859 (La.App. 4 Cir. 4/20/16), 194 So.3d 1136, 1142–44, writ denied, 16-0963 (La. 9/6/16), 205 So.3d 914 (where defendant was in business of selling and installing cabinets and counter-tops, removing furnishings and other property in the course of vacating its business premises was not part of its business); Garrett v. Adcock Construction Co., 13-0134 (La.App. 4 Cir. 8/14/13), 122 So.3d 1134, 1142 (refinishing furniture was not part of hotel owner's business); Steinfelds, 53 So.3d at 1284 (where building was occupied and rented for commercial use, repair and renovation of building was part of building owner's business).